Registrar thinks fit:
Provided that the Registrar shall not permit an amendment which substantially affects
the identity of the layout-design.
(6)
An appeal shall lie against—
(a)
a decision by the Registrar under subsection (3) that an application
does not comply substantially with any requirement of subsection (1); or
(b)
a refusal by the Registrar to permit an amendment of an application
under subsection (5).
11
Publication of application and opposition thereto
(1) As soon as practicable after an application for the registration of a layout-design
has been accepted, the applicant shall advertise in the prescribed manner the
application as accepted, and the advertisement shall set forth any conditions and
limitations subject to which the application has been accepted:
Provided that in exceptional circumstances the Registrar may direct that an
application shall be advertised before acceptance and, where an application has been
so advertised, the Registrar may direct that it shall be advertised again when it has
been accepted.
(2) Any person may, within two months from the date on which an application was
advertised, give the Registrar notice of opposition to the registration, which notice
shall—
(a)
be given in writing in the prescribed manner; and
(b)
include a statement of the grounds of opposition.
(3) The Registrar shall send a copy of any notice in terms of subsection (2) to the
applicant and, within the prescribed time after its receipt, the applicant may send the
Registrar in the prescribed manner a counter-statement of the grounds on which he
relies for his application.
(4) If an applicant¾
(a)
does not send the Registrar a counter-statement in terms of subsection
(3) after being sent a copy of a notice in terms of that subsection, he shall be deemed
to have abandoned his application;
(b)
sends the Registrar a counter-statement in terms of subsection (3), the
Registrar—
(i)
shall furnish a copy of it to every person who gave notice of
opposition; and
(ii)
after considering the evidence and hearing any representations or
argument the parties may wish to make, shall decide whether registration is to be
permitted and, if it is, with what amendments, modifications, conditions or limitations
it is to be permitted.
(5) An appeal shall lie from any decision of the Registrar under this section.
(6) At the hearing of an appeal under this section, any party may, either in the manner
prescribed or by special leave of the Tribunal, bring forward further material for the
Tribunal’s consideration.
(7) In an appeal under this section, no further grounds of objection to the registration
of the layout-design concerned shall be allowed to be taken by the opponent or the
Registrar, other than those stated in terms of this section by the opponent, except by
leave of the Tribunal and, where any further grounds of objection are taken, the
applicant shall be entitled to withdraw his application on giving the prescribed notice,
without payment of the opponent’s costs.
12
Registration
(1) If—
(a)
no notice of opposition is lodged in terms of subsection (2) of section
eleven in respect of an application for registration of a layout-design; or
(b)
the Registrar has decided, in terms of subparagraph (ii) of paragraph
(b) of subsection (4) of section eleven, that registration of a layout-design is to be
permitted, and no appeal has been lodged against that decision; or